Trust losses and family trust elections paper

Published on 05 Mar 10 by NATIONAL DIVISION, THE TAX INSTITUTE

This paper covers:

• the impact of the 2007 and 2008 amendments and the 2009 budget announcements
• fixed v non-fixed trusts - what is a vested and indefeasible interest?
• fixed trusts with non-fixed trusts interest holders
• overview of traps with the individual tests including:
  • the pattern of distributions test
  • the 50% stake test and the alternative 50% stake test
  • the control test
  • the income injection test
• family and family group - "ins and outs"
• family trust elections and interposed entity elections - how, when and why to make them
• the new TFN withholding rules for closely held trusts.

Author profile

Paul Tanti CTA

Paul Tanti is a Partner in the Thomson Geer Lawyers tax team and has a wide range of experience in providing taxation and commercial advice to a variety of clients. Paul also advises a number of legal and accounting firms on all areas of federal and state taxation law and related commercial matters. - Current at 17 January 2017

More by Paul TANTI

• Capital gains tax: The obscure provisions - 01-June-2011
• Capital gains tax: The obscure provisions paper - 14-April-2011
• Applying Bamford - Definitions of "distributable income". - 02-June-2010
• Trust losses and family trust elections workshop paper - 05-March-2010
• CGT Small Business Concessions - Case study and questions paper - 21-May-2009
• Issues on the sale and acquisition of businesses paper - 18-October-2008
• Practical guide to family trust elections and trust losses paper - 16-March-2007
• Tax issues relating to debts paper - 05-May-2006
• Real Property seminar paper - 25-September-2003
• Overview of Trust Loss Provisions seminar paper - 26-August-2003
• Trust Losses Case Studies seminar paper - 26-August-2003
• CGT - examining the events seminar paper - 30-January-2003
• Trust elections - 02-May-2002
• Practical Workshop On: Trust Loss Provisions, 45 Day Rule and Loss Company Ownership, Division 7A and s109UB, Structuring and Asset Protection - 07-August-2001
• Practical Workshop On: Trust Loss Provisions, 45 Day Rule and Loss Company Ownership, Division 7A and s109UB, Structuring and Asset Protection - 07-August-2001
• Practical Workshop On: Trust Loss Provisions, 45 Day Rule and Loss Company Ownership, Division 7A and s109UB - 07-August-2001
• UB statements - GST on in-specie trusts - 30-October-2000
• UB statements - GST on in-specie trusts - 30-October-2000
• Bibliography for paper by Paul Tanti - 30-October-2000

Click here to expand/collapse more articles by Paul TANTI.